HomeMy WebLinkAbout2004-06-08; City Council; Minutes (3)MINUTES
MEETING OF :
DATE OF MEETING: June 8,2004
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CITY COUNCIL (Regular Meeting)
City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the City Clerk as follows:
Present:
Absent: None.
Lewis, Finnila, Kulchin, Hall, and Packard.
COUNCIL REPORT:
Mayor Pro-Tem Finnila spoke regarding the proposed SANDAG Transnet Tax
Extension. Ms. Finnila reported on the transit projects in north county that would benefit
from the tax extension, including expanded coaster service, provision of bus rapid
transit (BRT), establishment of rail service between Escondido and Oceanside, and rail
service to link the Old Town, UCSD, and the University Town Center area.
APPROVAL OF MINUTES:
On a motion by Mayor Pro-Tem Finnila, Minutes of the following meetings were
approved as presented:
Minutes of the Special Meeting held May 18, 2004.
Minutes of the Special Meeting held May 18, 2004.
Minutes of the Regular Meeting held May 18, 2004.
Minutes of the Special Meeting held May 19, 2004.
AYES:
NOES: None
ABSTAIN:
Lewis, Finnila, Kulchin, Hall, and Packard.
Council Member Finnila (Minutes of May lgth only)
PRESENTATIONS:
Mayor Lewis presented a Proclamation regarding “National Historic Preservation Week”
to Geoff Armour, Assistant Library Director. Mayor Pro-Tem Finnila introduced the
winners of the Third Grade Art Contest, from the following elementary schools:
Aviara Oaks School: Emma Gumner, Sammy Simmons, Jackie Lewis
Buena Vista School: Jocelyn Trujillo, Sierra Bernabeo, Julia Bradley
Calavera School: Derek Doszkocs, Jennifer Mahin, Darren Mack
June 8,2004 CARLSBAD CITY COUNCIL Page 2
Hope School: Ayrton Lopez, Devon Ostermeier, Makena Magro
Jefferson School: Aria Torres, Carina Ibanez, Marisol Sanchez
Kelly School: Tyler Grove, Jeff Schaefer, Nolan Smith
Magnolia School: Shawnee Bryan, Andrew Allan, Cheyenne Sivak
Pacific Rim School: Kimberly Chang-Haines, Michael Roseweir, Courtney Smith
St. Patrick’s School: Marie McDonald Hulen, Megan Miller, Sean Tsai
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the
action of the Consent Calendar, Items #I through #3, as
follows:
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, and Packard.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1. AB #17,654 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2004-1 78, accepting donations from
various contributors for the Leo Carrillo Ranch Historic Park.
2. AB #17,655 -AGREEMENT FOR ENVIRONMENTAL MONITORING
SERVICES FOR RANCHO SANTA FE ROAD, PHASE 2 - PROJECT NO. 3907.
Council adopted RESOLUTION NO. 2004-1 79, approving an agreement with
Dudek & Associates for environmental monitoring services for construction of
Rancho Santa Fe Road, Phase 2.
3. AB #17,656 -AGREEMENT FOR FUND EXCHANGE FOR RANCHO SANTA
FE ROAD, PHASES 1 AND 2 - PROJECT NOS. 3190 AND 3907.
Council adopted RESOLUTION NO. 2004-1 80, approving an agreement with the
City of San Diego for fund exchange for the construction of Rancho Santa Fe
Road, Phases 1 and 2.
June 8,2004 CARLSBAD CITY COUNCIL Page 3
ADOPTION OF ORDINANCE:
4. AB #17,657 - ESTABLISHMENT OF SPEED LIMIT ON TAMARACK AVENUE.
City Attorney, Ron Ball, titled the Ordinance.
ACTION: On a motion by Mayor Pro-Tem Finnila, Council adopted
ORDINANCE NO. NS-706, establishing a 35 mile per hour
speed limit upon Tamarack Avenue, from Harwich Drive to
its intersection with College Boulevard.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
PUBLIC COMMENT:
Jeffrey Anderson, Deputy District Attorney, 330 W. Broadway, San Diego, addressed
Council regarding the issues of elder abuse, protecting children on the internet, and
identity left, and the services provided by the District Attorney’s Office. Mr. Anderson
presented brochures and cards, and provided the phone number (61 9-531-3567) to
contact his office for assistance.
PUBLIC HEARINGS:
5. AB #I 7,658 - LA COSTA GLEN - NORTH SITE - SDP 98-01 (A)/CDP 98-04(A).
The staff report was presented by Christer Westman, Senior Planner, and Bob Wojcik,
Deputy City Engineer, and included a Power Point presentation (on file in the City
Clerk’s Office) to show the project location, site plan and history of the project.
Mr. Westman explained that the request is for a determination that the project is within
the scope of the previously certified Green Valley Master Plan Final Program
Environmental Impact Report and for approval of an amended site plan on the north to
include a second common building and dining room, a second recreation building in
addition to additional residential units.
Mayor Lewis opened the duly noticed public hearing at 628 p.m.
Richard Aschenbrenner, 1940 Levante Street, representing Continuing Life
Communities addressed Council in support of the staff recommendation. He stated
that La Costa Glen has been very successful and explained that the change is being
made to accommodate the residents who need to be near the food service and other
amenities. He added that, due to the age of the residents, the addition of units should
have little impact on City or School District services.
Millie Karol, 1950 Silver Leaf, a resident of La Costa Glen, outlined the amenities that
are provided to the residents, and expressed support for the expansion of the project.
June 8,2004 CARLSBAD CITY COUNCIL Page 4
Dan May, 1988 Snowberry Court, Chairman of the Residents Council, addressed
Council in support of the project expansion and stated that the proposed facilities will be
the best use of the land.
Lois DeGroot, 1950 Silver Leaf, a resident of La Costa Glen, stated that La Costa Glen
is an excellent retirement location for seniors and expressed support for the expanded
project and facilities.
Gil Meacham, 1970 Silver Leaf, a resident of La Costa Glen, addressed Council in
support of the amended project and new facilities. He stated that the residents have
confidence in the developers, that the first phase is completed, and that the facilities
are well maintained for the residents. Mr. Meacham also expressed support for the
proposed 6-hole golf course.
Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 6:39
p.m.
ACTION:
AYES:
NOES:
On a motion by Mayor Pro-Tem Finnila, Council adopted
RESOLUTION NO. 2004-181, determining that the project is
within the scope of the previously certified Green Valley
Master Plan Final Program Environmental Impact Report;
and approving a Site Development Plan (SDP 98-01A) and
Coastal Development Permit Amendment (CDP 98-04A), to
allow the construction of 31 1 independent living units, 23
attached villas, 29 garden villas, a commons building,
recreation building and a maintenance building on property
generally located north of Levante Street and west of El
Camino Real, in Local Facilities Management Zone 23.
Lewis, Finnila, Kulchin, Hall and Packard
None
6. AB #17,659 - DISSOLUTION OF MORATORIUM AND APPROVAL OF
REVISIONS TO CITY COUNCIL POLICY ON WIRELESS COMMUNICATIONS
FACl LIT1 ES.
Ron Ball, City Attorney, introduced the item and explained the three actions that are
before the Council for consideration at this meeting:
1. The introduction and adoption of Urgency Ordinance No. NS-707, to dissolve the
moratorium that prohibits the issuance of permits for wireless communication
facilities in the public right-of-way. Mr. Ball noted that a four-fifths vote is needed
for approval of the Ordinance, which would be effective immediately; and
2. The introduction of Ordinance No. NS-708, to repeal Urgency Ordinance Nos.
NS-684, which imposed the moratorium, and NS-690, which extended the
moratorium, and would be effective in thirty days; and
3. The adoption of Resolution No. 2004-182, to adopt the Report on the Location of
Wireless Facilities in the public right-of-way, which was prepared during the
moratorium, to approve revisions to Council Policy No. 64, and directing staff to
return with further revisions to Council Policy No. 64.
June 8,2004 CARLSBAD CITY COUNCIL Page 5
City Attorney Ball also referenced the following correspondence that should be included
as part of the record of the proceedings:
0 Letter dated June 7, 2004, from Attorney James A. Heard, McKenzie & Albritton,
representing AT&T Wireless, to Mayor Lewis and Members of the City Council.
0 Letter of response, dated June 8,2004, from City Attorney Ronald R. Ball to
Attorney James A. Heard, McKenzie & Albritton, representing AT&T Wireless.
0 Letter dated June 8,2004, from Attorney Francine Joy Lane to Mayor Lewis and
Members of the City Council.
0 Memorandum dated June 8,2004, from City Attorney Ronald R. Ball to Mayor
Lewis and Members of the City Council regarding minor corrections to Council
Policy No. 64.
The staff report was presented by Michael Holzmiller, Planning Director, and Gary
Barberio, Principal Planner, and included a Power Point presentation (copy on file in the
City Clerk’s Office.)
Mr. Barberio explained the requested actions include the dissolution of the moratorium
by Urgency Ordinance No. NS-707, the repeal of the previously adopted Urgency
Ordinance Nos. NS-684 and NS-690, the adoption of the Report, approval of revisions
to Council Policy 64, and direction for staff to return with additional amendments to the
Carlsbad Municipal Code and to Council Policy 64.
Mr. Barberio stated that the Report describes the measures the city has taken to
alleviate the conditions that lead to the need for the moratorium, pursuant to
Government Code 65858(d), outlines the measures taken since the adoption of the
moratorium, describes future measures that will be considered at a later date, and
includes supporting attachments. He also reported on the public workshop that was
held on April 14, 2004, and was attended by representatives from AT&T, Singular, and
Sprint and representatives from consulting firms that work with wireless communication
providers.
Planning Director Holzmiller reviewed the proposed revisions to Council Policy No. 64,
including changes to the Location Guidelines and Design Guidelines. He explained the
proposal would allow placement of wireless communication facilities in the public right-
of-way on circulation element roads, adjacent to industrial and commercial zones, as a
higher preference than adjacent to residential areas. Mr. Holzmiller also explained that
placement of facilities in a discouraged location could still be considered, under the
proposal, with site analysis to show that none of the preferred locations would provide
the necessary service or capacity.
Mr. Holzmiller reported that the proposed revisions to the Design Guidelines would add
Section 11 , which contains specific design guidelines for wireless communication
facilities in the public right-of-way. He reported that the guidelines encourage the use of
existing or replacement poles in the right-of-way, and location on existing street lights.
He stated that if that owner authorization is required for permit applications, and noted
that the City would be compensated for use of street lights.
Page 6 June 8,2004 CARLSBAD CITY COUNCIL
Mr. Holzmiller explained the maximum number of antennas that will be allowed, and
that the facilities must be screened or painted to match the polar structure. He noted
that the regulations encourage complete undergrounding of associated equipment, and
minimization of vehicular and pedestrian impacts.
Mr. Holzmiller explained the request for directing staff to return with additional Municipal
Code and Council Policy 64 amendments , and the recommendation to allow some of
the completely camouflaged facilities and those in preferred locations to be approved
by administrative permit rather than by conditional use permit.
Mr. Barberio presented photos of facilities in rights-of-way, on street lights and existing
vertical structures, and associated equipment that are located in other cities.
Mayor Pro-Tern Finnila inquired regarding the procedure for waiver of the design
guidelines, and whether the Planning Director would be the approving authority.
Mr. Holzmiller responded that the antennas would be placed on poles, and that waivers
could be requested for the accessory equipment, if that equipment could not be placed
underground. He explained that if an administrative permit were created for these types
of facilities, the Planning Director would have the authority to grant the waiver. Mr.
Holzmiller also stated that staff is not recommending that applications for facilities in
residential areas be allowed under an administrative permit, so that any requests for
waivers for facilities in residential areas would be reviewed by the Planning
Commission.
City Attorney Ball stated that the decision maker would determine if the waiver should
be granted.
Council Member Packard inquired if an administrative permit process would conflict with
City noticing requirements.
City Attorney Ball responded that other permits are approved administratively, and there
would be no conflict once the appropriate Ordinances are adopted.
Council Member Packard inquired if the proposed maximum of four antennas per pole
would cause a conflict with the recommendation for co-location.
Mr. Holzmiller responded that co-location would be difficult on poles, but could be
accomplished on larger structures.
Council Member Packard inquired if the preferred locations cover all areas of the City.
Mr. Holzmiller responded that the studies that were done have allowed for the
designation of preferred locations in all areas of the City.
Council Member Hall inquired about those who were notified of the Workshop on April
18, 2004.
lune 8,2004 CARLSBAD CITY COUNCIL Page 7
Mr. Barberio responded that 36 persons and companies were notified of the workshop,
and that representatives from three carriers and five others, either attorneys, architects,
or consultants attended the meeting.
Council Member Hall referenced the recommended corrections to Council Policy No.
64, Section 11 .g, and asked the Planning Director to discuss the change.
Planning Director Holzmiller stated that staff supports the changes to include the waiver
provision, and the clarification regarding the 2.5 foot setback, as contained in the City
Attorney’s Memorandum, dated June 8, 2004. He stated that staff recommends that
Council adopt Resolution No. 2004-182, with the corrections contained in the memo.
Mr. Holzmiller also explained that Item No. 1 in the Memo should read “paragraph c”.
Mayor Lewis opened the duly noticed public hearing at 7:22 p.m.
Dan Pascucci, with Law Firm of Fish & Richardson, and representing Sprint PCS
addressed Council in support of the repeal of the moratorium and for the proposed
revisions to the policy and creation of the incentivized tier approach. He expressed
concern regarding using the conditional use permit requirements for applications for
both preferred and non-preferred residential areas. He recommended use of the
administrative approval process for all preferred sites, including residential. He stated
that he would submit written concerns to the City Attorney’s Office.
Council Member Packard inquired if Mr. Pascucci believes that there are any preferred
sites located in residential areas.
Mr. Pascucci responded that his understanding is that residential arterials are in the
preferred category, and as such, should be subject to the administrative approval
process.
City Attorney Ball stated that the submittal of comments is appropriate since staff is
requesting Council direction to review and recommend changes to the permitting
process for these applications.
Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 7:29
pm.
Council Member Packard stated that he supports the proposed changes, and that the
report is helpful to determine locations that are needed. He noted that vacant land is
included in the discouraged category under the proposed recommendations.
Council Member Hall concurred with Mr. Packard’s comments.
Council Member Kulchin expressed support for the staff recommendation.
Mayor Pro-Tem Finnila explained that the policy changes are necessary due to new
technology and expressed support for the staff recommendation.
June 8,2004 CARLSBAD CITY COUNCIL Page 8
City Attorney Ron Ball titled the Ordinances.
ACTION: On a motion by Mayor Pro-Tem Finnila, Council introduced
and adopted URGENCY ORDINANCE NO. NS-707,
repealing Urgency Ordinance No. 684 prohibiting the
issuance of permits for wireless communication facilities in
the public right-of-way, and repealing Ordinance No. NS-
690, which extended Ordinance No. NS-684; and
Introduced ORDINANCE NO. NS-708, repealing Urgency
Ordinance No. NS-684 prohibiting the issuance of permits
for wireless communication facilities in the public right-of-
way, and repealing Ordinance No. NS-690, which extended
Ordinance No. NS-684; and
Adopted RESOLUTION NO. 2004-1 82, adopting the Report
on Location of Wireless Communication Facilities in the
public right-of-way and approving revisions to City Council
Policy No. 64, and directing staff on further action on
amendments to the Carlsbad Municipal Code and City
Council Policy No. 64, as amended to include revisions to
Council Policy No. 64, as contained in the Memorandum
from the City Attorney, dated June 8, 2004, as follows:
0 Change the word “fees” to compensation in
paragraph 11 .c.
Change the second sentence in paragraph 11 .g to
read: “If it can be demonstrated that complete
understanding of associated equipment is not
possible waiver requests involving landscaping or
other screening techniques or visual mitigation will be
con side red . ”
0 Change the last sentence in paragraph 11 .g to read:
“All equipment not placed underground, shall be
setback at least 2.5 feet from the back of the curb
and within the parkway or greenway or 2.5 feet back
from the edge of the sidewalk when it is contiguous to
the curb.”
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard
RECESS:
Mayor Lewis declared a recess at 7:35p.m. Council reconvened at 7:40 p.m., with four
members present and Council Member Packard absent.
June 8,2004 CARLSBAD CITY COUNCIL Page 9
ITEM TAKEN OF ORDER:
At the request of Mayor Lewis, and with the concurrence of the City Council, Item No. 9
was taken out of order and heard at this time.
DEPARTMENTAL AND CITY MANAGER REPORT:
9. AB #17,662 - REQUEST TO MAKE A PRESENTATION.
Doug Foote, 3999 Foothill Avenue, Carlsbad addressed Council and presented a
Power Point presentation (copy on file in the City Clerk’s Office). He stated that the
removal of the traffic barriers on Mira Monte would pose an unacceptable risk to the
children in the area and also to those who attend Calavera Hills Elementary School and
who use the parks in the area.
Council Member Packard returned to the dais at 7:41 p.m.
Mr. Foote requested that the barriers be left in place for a given period of time after the
barriers at College and Lake are removed to allow the traffic patterns to be established.
He expressed concern that College and Lake will be so heavily traveled that motorists
will use Mira Monte or Tamarack as an alternate route to Knollwood. He stated that the
environmental impact reports on this area did not include the intersections of Mira
Monte and Foothill Avenue, or Mira Monte and Lake Boulevard.
Mr. Foote stated that the residents in Calavera Hills and the Homeowners Association,
have, by petition, requested that the Council review this issue and retain the barriers at
Mira Monte. He stated that the Oceanside residents on Mira Monte also do not want
the barriers to be removed.
In response to inquiry from Council Member Finnila, Mr. Foote stated that forty percent
of the students that attend Calavera Hills Elementary School reside in Oceanside.
Mayor Lewis inquired in Mr. Foote was aware of the plans to open Mira Monte when he
purchased his home.
Mr. Foote responded that he was aware of that fact.
Gary Schultze 3514 Knollwood Drive, Carlsbad addressed Council regarding the
community in the northeast corner of Calavera Hills. He stated that removing the
barriers would present a danger to the children that live and play in the area. He
expressed support for keeping the barriers in place permanently.
Kate Wilkie, 3978 Foothill Avenue, expressed concern with the speed of the traffic on
the street and people cutting through to Oceanside or Vista. She expressed support for
the possible permanent closure of the Mira Monte and Foothill Avenue intersection, and
for the the opening of College Boulevard.
June 8,2004 CARLSBAD CITY COUNCIL Page 10
Mayor Lewis asked those in the audience who live on Foothill to raise their hands. He
then explained that the Council would not take action at this meeting, but that they
should consider this request prior to the opening of College Boulevard.
Council Member Kulchin inquired if Council could take action on the request at this
meeting.
City Attorney Ball responded that the matter would need to placed on a future agenda
for action.
Mayor Lewis inquired when the barricades will be removed from College Boulevard.
City Manager Patchett responded that the opening of College is scheduled for August
9, 2004.
Council received the report and concurred that the matter be returned to Council for
consideration prior to the opening of College Boulevard, which is scheduled for August
9, 2004.
CONVENE JOINT CITY COUNCIL, MUNICIPAL WATER DISTRICT, AND HOUSING
AND REDEVELOPMENT COMMISSION MEETING:
Mayor Lewis convened the Joint Special Meeting of the City Council, Municipal Water
District, and Housing and Redevelopment Commission meeting at 758 p.m., with all
members present.
ADJOURNMENT TO JOINT MEETING OF THE CITY COUNCIL AND MUNICIPAL
WATER DISTRICT BOARD OF DIRECTORS:
Mayor Lewis adjourned to the Joint Special Meeting of the City Council and the
Municipal Water District at 851 p.m., with all members present.
ADJOURNMENT TO THE SPECIAL MEETING OF THE MUNICIPAL WATER
DISTRICT BOARD OF DIRECTORS:
Mayor Lewis adjourned to the Special Meeting of the Municipal Water District Board of
Directors at 852 p.m., with all members present.
ADJOURNMENT TO CONTINUATION OF THE CITY COUNCIL MEETING:
Mayor Lewis adjourned the Special Meeting of the Municipal Water District Board of
Directors, and reconvened the City Council meeting at 853 p.m., with all members
present.
June 8,2004 CARLSBAD CITY COUNCIL Page 11
CONTINUATION OF THE CITY COUNCIL MEETING:
DEPARTMENTAL AND CITY MANAGER REPORTS:
9. AB # 17,662 - REQUEST TO MAKE A PRESENTATION.
This item was taken out of order and considered following Item No. 6.
IO. AB #17,663 - CARLSBAD PERSONNEL BOARD APPOINTMENT.
ACTION: On a motion by Mayor Lewis, Council adopted
RESOLUTION NO. 2004-1 85, reappointing Ray Uehara to
the Carlsbad Personnel Board.
AYES:
NOES: None
Lewis, Finnila, Kulchin, Hall and Packard.
COUNCIL REPORTS AND COMMENTS:
Mayor Lewis and Council Members reported on activities and meetings of some
committees and sub-committees of which they are members.
CITY MANAGER COMMENTS: None
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of May 11, 2004, was adjourned at 8:lO p.m, in
honor of former President Ronald W. Reagan.
City Clerk
Karen R. Kundtz, CMC
Assistant City Clerk